Immigrationboards.com

Hi ,

Myself(husband) arrived in UK on PBS visa and then moved to ILR(Jan 2014) to British citizenship(Oct 2020). My wife arrived in UK in March 2011 on dependent PBS visa. Her all extensions had been on PBS Dependent visa. In November 2022, we mistakenly filled FLR M form for further extension rather than Dependent of PBS visa. We did not know the impact of switching categories. Recently when I tried to start reading information on applying for ILR , it says that her(wife) clock has been reset since she switched visa category(meaning that she has to complete 5 years on FLR M).
I have a daughter born in August 2014. Her visa has always been PBS dependent including the last renewal done in Oct 2022.
My query is
1. As I have to apply for wife’s ILR , Can I approach Home Office to change her category back to PBS dependent as it led to mistakenly changing visa category.
2. Can my daughter independently apply for ILR as myself(husband) is already British citizen.

Thanks.

Doea your wife meet the 10 years long residence ilr requirements?

Hi CR001,

There are 2 criterias to fulfill for 10 year route.
a) 184 days at a time
b) 548 days in total

She was out of UK from 8th May 2014 till 17th March 2015 for my daughters delivery to India due to which she is not meeting currently the conditions of the 10 year route.

Please advise.

1) I don't think so, what's done is done.
2) No; children born outside UK follow the path of less privileged parent -> your daughter can only apply for ILR after/with your wife.

The simplest option for your wife might be to wait until 2025 when she can apply via 10 year route (assuming criteria are fulfilled from March 2015). She does need a visa in that period, of course.